Allahabad Court April 2000 Judgments
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State of Uttar Pradesh Vs. Harish Chandra Mishra
Court: Allahabad
Decided on: Apr-22-2000
Reported in: 2000CriLJ4717
U.S. Tripathi, J.1. The State of U.P. has preferred this appeal against the judgment and order dated 9-12-1994 passed by 3rd Additional Sessions Judge, Ghazipur in Sessions Trial No. 12 of 1993 acquitting the respondent of the offences punishable under Section 377 read with 511, 307 and 325, I.P.C.2. The prosecution story, briefly narrated, was that Rakesh Kumar Singh (PW 1) resident of village Gaurahat, P.S. Khanpur, District Ghazipur was a student of B.A. Part I in Harishchandra Degree College, Varanasi. His elder brother Vijai Bahadur Singh was working in coal mines in district Dhanband (Bihar). On 2-7-1989 Rakesh Kumar Singh (PW 1) had come from his village to Varanasi for sending the wife of Vijay Bahadur Singh and his children to Dhanbad. After seeing off his bhabhi and her children from Dhanband Ludhiana express at Varansi Cant. Railway Station, he boarded Varanasi Bhanati fast passenger at 2.30 a.m. for going to Aurihar. The compartment in which Rakesh Kurnar Singh (PW 1) board...
Km. Daljit Lali Vs. Union of India (Uoi) and ors.
Court: Allahabad
Decided on: Apr-22-2000
Reported in: 2000CriLJ3876
R.R.K. Trivedi, J.1. By means of this habeas corpus writ petition, petitioner, Km. Daljit Lali has questioned the legality of her detention, under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act) vide order dated 23-6-1999 passed by respondent No. 3, District Magistrate, Agra.2. Along with the impugned order of detention (Annexure III to the writ petition) petitioner was also served with the grounds of detention on which respondent No. 3 formed his subjective satisfaction for detaining the petitioner under the Act. The allegations in the grounds in brief are that on 30-3-1999 on the basis of the information received the Station Officer, Police Station Sadar Bazar arrested Bal Kishan Agarwal and Nasruddin and recovered from them fake currency notes of hundred denomination. On interrogation from the aforesaid two persons it was revealed that fake currency notes were printed by Sayed Mohd. Nadeem resident of Police Station Civil Lines, District Aligarh ...
Om Pal Singh Vs. District Development Officer, Ghaziabad and Others
Court: Allahabad
Decided on: Apr-21-2000
Reported in: 2000(3)AWC1909; [2000(85)FLR775]; (2000)2UPLBEC1591
V.M. Sahai, J.1. The petitioner was appointed on a Class-IV post in June, 1991 by Principal, Regional Institute of Rural Development. Rampur Maniharan, Saharanpur. In 1992 the petitioner was transferred and posted at Regional Institute of Rural Development, Dadri. Ghaziabad (now District Gautam Budh Nagar). In 1997 the petitioner was given an adverse entry for going on leave. He filed a representation against it making allegations against respondent No. 5. He also resisted his posting at the residence of respondent No. 4. On 27.11.1997 the respondent No. 4 issued a notice to petitioner and called for his explanation about reports from office that his work was not satisfactory. It was also mentioned that he misbehaved with employees under influence of liquor. It was also alleged that a sum of Rs. 1,800 given to him for distribution to trainees at Bhojpur was not handed over to officer. On 3.12.1997 the petitioner gave his explanation and denied every allegation. The respondent was not s...
Babu Lal Vs. State of U.P.
Court: Allahabad
Decided on: Apr-21-2000
Reported in: (2001)2UPLBEC1825
Amarbir Singh Gill, J.1. The petitioner seeks issuance of writ order or direction in the nature of certiorari quashing the order dated 10th May, 1991 as contained in Anncxure-1 of his dismissal from service.2. The case of the petitioner is that he was working as Executive Officer, Municipal Board, Sitapur and became member of U.P. Palika Centralised Services in the year 1966. He was placed under suspension by Secretary, Nagar Vikas, U.P. Government, Lucknow, opposite party No. 1 by an order dated 8th January, 1986 (Annexure-2) on the allegation that he had submitted a note in respect of a tender for supply of bitumen while posted at Nagar Palika, Jaunpur. The petitioner filed Writ Petition No. 341 of 1996 before this Court and by interim order, the suspension order was stayed. Thereafter the petitioner was served with a charge- sheet but no enquiry was conducted nor any witness was examined in the enquiry against him. Thereafter another charge-sheet dated 27th February, 1990 was served...
Kunwar Sen Vs. State of U.P.
Court: Allahabad
Decided on: Apr-21-2000
Reported in: 2000CriLJ4719
J.C. Gupta, J.1. Appellant Kunwar Sen has been convicted under Section 302, IPC and sentenced to imprisonment for life vide judgment and order dated 26-8-1980 passed by the then III Addl. Sessions Judge, Mairipuri in S.T. No. 608 of 1979, for committing the murder of Rajvir.2. Deceased Rajvir was a resident of village Akola, Appellant Kunwar Sen is resident of village Bhagner. These two villages adjoin each other. Kharja Nala separates them.3. The case of prosecution in brief is that on 24-9 1979 the first informant Lala Ram was giving bath to his bullocks at about 12 noon in the aforesaid Kharja Nala near the culvert. Rajvir deceased also arrived on the culvert from the side of Bhagner. He was followed by appellant Kunwar Sen and his son Man Singh. They were accusing Rajvir of stealing his maize . The deceased felt offended of this accusation which resulted in exchange of abuses and hot words. It is alleged that appellant Kunwar Sen then fired upon Rajvir and the shot hit in the lumbe...
Smt. Zohra Begum and Others Vs. Viith Addl. District Judge, Bareilly a ...
Court: Allahabad
Decided on: Apr-20-2000
Reported in: 2000(2)AWC1724
D.K. Seth, J.1. Mr. Manu Saxena was permitted to address the Court on the prayer of Mr. Ajit Kumar, learned counsel for the respondents in respect of this transfer application on behalf of the opposite parry. He pointed out from the counter-affidavit that Smt. Zohra Begum the petitioner No. 1 died on 20th July, 1998 whereas this petition was moved on 27th July, 1998. Therefore, this petition could not be maintained. In support of his contention, he had pointed out from Annexure CA-1 that the appellant-petitioners had made an application In the appeal intimating the Court that the appellant No. 1/1 died on 20th July, 1998.2. But in the said application. It has been pointed out that theappellant Nos. 1/2 to 1/7 the heirs of Smt. Zohra Begum are already on record as appellants. In this petition, the said heirs of Smt. Zohra Begum are petitioners No. 1/2 to 1/7. Thus even if Smt. Zohra Begum is dead, the point raised by Mr. Manu Saxena cannot be acceded to. The petition may be dismissed as...
Committee of Management and Another Vs. Assistant Registrar Firms Soci ...
Court: Allahabad
Decided on: Apr-20-2000
Reported in: 2000(3)AWC1802; (2000)2UPLBEC1600
G.P. Malhur, J. 1. We have heard learned counsel for the appellants and have perused the record.2. The appellants in this appeal filed writ petition challenging the order dated 9.2.2000 of the Assistant Registrar, Firms Societies and Chits. Varanasi. The writ petition having been dismissed by a learned single Judge on 30.3.2000, they have preferred the present special appeal.3. It is not in dispute that an election to elect the office bearers of the Society was held on 8.7.1992. Thereafter no election was held within a period of three years. The appellants allege that an election was held on 9.3.1997 in which appellant No. 2 Uma Shankar Giri was elected as Manager. One Dwarlka also claimed that an election was held on 13.12.1998 in which he was elected as Manager. He applied for renewal of the registration of the society, on the basis of the aforesaid election. The Assistant Registrar by his order dated 9.2.2000 held that as the election of the society had not been held within the spec...
Security and Intelligence Services (India) Ltd. Vs. Director, Sanjay G ...
Court: Allahabad
Decided on: Apr-20-2000
Reported in: 2000(3)AWC2074
S. H. A. Raza and Kamal Kishore, JJ. 1. The fate of this writ petition hinges on the reply to the question as to whether in the decision making process in awarding the contract for providing security to Sanjay Gandhi Post-graduate Institute of Medical Sciences (hereinafter mentioned as 'SGPGI), the respondents have committed any mistake, which may be said to be Irrational and arbitrary.2. It so happened that by means of an advertisement No. 38/99.2000, the SGPGI Issued a tender notice inviting sealed tenders from the eligible security agencies for providing security cover to the SGPGI on contract. The terms and conditions contained in the tender notice which provided that only Ex-servicemen/Para-military Guards and Supervisors having experience of atleast 10 years of providing security services to large hospitals/Institute/ Public undertaking with its own guards/township employing 180 guards who must have on its pay roll atleast 1,000 guards for three to five-years. It also provided th...
Lucknow Grih Swami Parishad Vs. State of U.P. and Others
Court: Allahabad
Decided on: Apr-20-2000
Reported in: 2000(3)AWC2139; (2002)3UPLBEC2351
A.K. Yog, J. (Backdrop)1. These six petitions give rise to the controversy pertaining to duties and obligation of 'Local-Bodies' (as part of local self Government) to ensure 'water-supply', within their area, for which said authorities are created under legislative enactment vis-a-vis rights, duties and obligations of the citizens who enjoy the basic amenity like water which is, like air, the core of life. Duty to supply water, in modem times, largely and invariably barring exceptions, rests with local self-Government. No local self-Government can, in the present day complex growth of society, perform its duties unless it has funds and provision to generate funds for its continued existence. 2. Resolution No. 2312A, dated May 1, 1901-Government of India (F and C) dealt with the concept of taxation and its limits. It justifies Imposition of tax and mentions that limit may be exceeded in special cases, such as sinking funds for discharging duties, or to meet expenditure of project on a l...
Sri Karamat Ullah Vs. District Judge, Kanpur and Others
Court: Allahabad
Decided on: Apr-19-2000
Reported in: 2000(3)AWC1900
J.C. Gupta, J. 1. This is tenant's writ petition seeking quashing of the order dated 1.10.1981 passed by the prescribed authority and the order dated 19.7.82 passed by the District Judge (Annexures-4 and 7) to the writ petition respectively.2. The dispute relates to residential quarter No. 2 situate in Ahata No. 101/54-A. Ahata Gammon Khan Colonelganj, Kanpur. Landlady-respondent No. 3 whose legal representatives are R.No. 3/1 to R-3/6 moved an application before the prescribed authority for the release of the aforesaid quarter with the allegations that the quarters situate in the aforesaid ahata are built of khaprail and kachcha walls with third class material and the constructions being very old have given their life ; that in view of the government policy to remove slums in the city and to provide a better and well builtaccommodation the quarters in the ahata are to be demolished and reconstructed as per the sanctioned plan : that with the passage of time the aforesaid quarters have...
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